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Appealing a Final PFA Order in Pennsylvania
The state of Pennsylvania routinely issues Protection from Abuse (PFA) orders with the primary goal of safeguarding victims of domestic violence, whether physical or psychological. Over the past year, PFA applications have risen by a significant 33%. This vital legislation, established under a 1990 court order, mandates cooperation from state police and governing authorities to ensure that both the plaintiff and the defendant comply with the terms detailed in the PFA order.
At Logue Law Group, we understand the stress and challenges that arise when served with a PFA order. To support you through this process, we have created a well-rounded, comprehensive guide tailored to assist you during your PFA court hearing. After reviewing this guide, we highly recommend securing the services of a skilled criminal lawyer for the best possible defense.
Why is the Final PFA Order Hearing Crucial?
When the plaintiff initially files for a temporary PFA order, the court places strict restrictions on you. This includes prohibiting all contact with the plaintiff and, in some cases, your minor children. Temporary orders are often issued ex-parte, meaning they are granted without your presence in court.
Your main opportunity to present your side of the story comes at the hearing for the final PFA order, usually held 10 business days after the temporary order takes effect. Retaining an experienced Mercer DUI attorney or criminal defense lawyer is essential during this crucial stage, as they can provide invaluable guidance throughout the process.
The outcome of this hearing carries substantial weight. How well you and your legal representation handle the proceedings will largely determine the trajectory of your case. During this hearing, your Mercer criminal lawyer can present a comprehensive defense. This might include neutral and personal eyewitness testimonies, critical documents, videos, and more. Your attendance and active participation, alongside the expertise of a seasoned legal professional, are vital to securing a favorable result.
Why Should You Appeal a Final PFA?
If a final PFA order is issued against you, it can have long-term consequences. These orders impose severe limitations, such as barring contact with the plaintiff and potentially jeopardizing your custodial rights. Contesting the final PFA order is crucial to avoid harsh penalties. Fortunately, two legal pathways are available for appealing the decision:
Motion for Reconsideration
With the help of a skilled Mercer criminal lawyer, you can file a motion for reconsideration. This approach argues that the judge who issued the final PFA order made an error in their decision. This could be based on a ‘mistake of law.’ While challenging, this legal avenue can yield a favorable outcome when navigated with the right representation and strategy.
Superior Court Appeal
Alternatively, you can appeal the decision to the Superior Court by filing with the Prothonotary’s office. This must be done within 39 days of the final PFA order. The appeal process involves preparing and submitting well-drafted legal briefs alongside other supporting documents. Enlisting the services of a competent Mercer DUI attorney can significantly enhance your chances of a successful appeal.
Trusted Representation When You Need It Most
Defending yourself against PFA charges is daunting, but you don’t have to face it alone. Attorney Sean Logue offers the reliable expertise and steadfast support you need to contest a PFA order effectively. Our priority at Logue Law Group is to help you understand, prepare for, and successfully overcome the complexities of PFA and domestic violence cases.
Take that first step today. Call us toll-free at 844.PITT.DUI to schedule your free consultation. With the guidance of an experienced Mercer criminal lawyer, you can maneuver through this challenging experience and work toward securing a brighter future.